Whether you were at a party with some friends, driving back home after a long day at work, or simply just walking down the street, being charged with possessing Marijuana for the first time can be an uncomfortable experience.
That experience only becomes more uncertain in the days that follow when you’re contemplating your next steps on how to protect yourself. While society’s views on Marijuana have changed significantly in the past few years, Pennsylvania’s laws still carry significant penalties if you are convicted for possessing Marijuana. Having a conviction for possessing Marijuana can impact everything from job prospects, educational opportunities, and even your ability to pass a background check. Hiring the right attorney can make all the difference in achieving the best outcome for your situation.
At Johnson Duffie, our criminal defense attorneys possess the experience necessary to help you navigate being charged with possession of Marijuana. From day one, our attorneys will take a detailed analysis of your case to help you navigate the best possible outcome for your future.
In Pennsylvania, the crime of possessing a small amount of Marijuana is written into law as 35 P.S. § 780-113(a)(31). Pennsylvania treats the charge of possessing a small amount of Marijuana as an ungraded misdemeanor. If convicted of this charge, you could face penalties of up to 30 days of jail and/or a fine of up to $500. In addition to these penalties, having a conviction for possessing a small amount of Marijuana could result in the charge being listed on your record of arrest and prosecution (RAP) sheet.
Pennsylvania law recognizes two different types of “possession.” The first type of possession is known as “actual possession.” Actual possession of something means that you had direct physical control of the item. In the context of Marijuana possession, if you are in actual possession of Marijuana this means that you either have the Marijuana directly in your hand or in a piece of clothing such as your pants pocket. However, you can still be found guilty of possessing Marijuana even if you do not have it immediately on your person. This type of possession under Pennsylvania law is known as “constructive possession.”
Constructive possession of something means that a person has “the ability to exercise a conscious dominion over the illegal substance: the power to control the contraband and the intent to exercise that control.” Commonwealth v. Valette, 613 A.2d 548, 550 (Pa. 1992). For example, when thinking of this in the context of Marijuana possession, this means that if the police pull you over and find Marijuana in your car, you could be found guilty of constructively possessing the Marijuana.
Hiring an attorney to represent you after being charged with possessing Marijuana is incredibly important. At Johnson Duffie, our criminal defense attorneys are dedicated to ensuring that your rights are protected at every stage of the process. Our attorneys have a deep understanding of Pennsylvania drug laws and are well-equipped to represent you in court. The knowledge that our attorneys possess allows them to advise you on what to expect during the days after you have been charged with possessing Marijuana.
When it comes time to appear in court, our attorneys are prepared to advocate for the best resolution for you and your future. Whether that be negotiating a plea deal on your behalf or contesting the evidence that the government has, you can trust the attorneys at Johnson Duffie to fight on your behalf.
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